2018 SCC Vol. 10 November 28, 2018 Part 1

Penal Code,1860 — S. 377 — Constitutional validity: Section 377, insofar as it criminalizes/penalizes any consensual sexual conduct/relationship between two adults, be it homosexuals (man and a man), heterosexuals (man and a woman) or lesbians (woman and a woman), cannot be regarded as constitutional. However, if anyone, i.e. both a man and a woman, engages in any kind of sexual activity with an animal, the said aspect of Section 377 is constitutional and it shall remain a penal offence under the said section. Any act of the description covered under Section 377 IPC done between two individuals without the consent of any one of them would invite penal liability under the said section, Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1, is overruled. [Navtej Singh Johar v. Union of India, (2018) 10 SCC 1]

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